Legal Question in Family Law in California
My husband and I separated in February 2008. We have a five year old daughter.
the cause of the split was that his two children from a previous marriage were
molesting our daughter who was 18 months old at the time. He felt it was safe to
keep her in contact with them and I did not. I have not seen him and he has had
no contact with my daughter since May 2008. He pays no child support. His only
contribution has been to keep her on his insurance through his employer. I want
a divorce. I also want custody of my daughter. I have heard that after a year of
no contact it is considered child abandonment and that I can petition to have
his parental rights terminated. I want to know if it is possible to get
permanent custody of my daughter and child support. My daughter's safety is most
important so if I have to forego child support to do that I will. Waht are my options? I'm in California
3 Answers from Attorneys
Regarding the termination of parental rights, first. What you have heard only applies in cases where there is a pending adoption, for example, a step-parent adoption. In fact, the law states that you may not terminate a parent's rights without there being an adoption pending.
When you file for divorce, the courts will look to the status quo as and indicator of what is in your child's best interests. They will also look at the history of molestation of your daughter in making the court's decision.
Child custody is never permanent. It can be changed all the way until a child reaches 18 or graduates from high school. Child support can of course be sought in the course of the divorce.
It is best that you get started on the divorce soon and that you find an experienced family law attorney to represent you. Good luck.
www.FamilyLawCalifornia.com
Your best approach is to file your divorce petition with a motion to have sole legal and physical custody of your daughter. You should request supervised visitation for father and a prohibition that the two other children have any contact with your daughter. Add to this equation a need for family and co parenting counseling to address the abuse issues.
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